Stephens v. Beard

This case concerns the construction of the nearly identical wills of Vencie and Melba Beard. Vencie and Melba were a married couple. Vencie shot and killed Melba shortly before taking his own life. The wills' disposed of each testator’s separate property and all of the couple’s community' property. Each will contained the following provision: “If both my [husband/wife and I] die in a common disaster or under circumstances making it impossible to determine which of us died first, I bequeath [specified cash amounts to nine individuals].” Each will also contained several other provisions…